When the suspect took a “tangible and movable item” from the customer’s hands using force a robbery was committed.
After all, it’s robbery and Texas law states you can take any action, up to and including shooting them, to recover your stolen property in an active pursuit.
Thanks for the clarification. I sure as hell would not want you as my lawyer.
You kinda skipped the whole part in the Texas statute that requires a reasonable belief that deadly force is immediately necessary. (section 9.42(2))
Plus that part about a reasonable belief that the property cannot be recovered by any other means could prove problematical when dealing with fungible goods such as potatoes.
I would hate to have you as a client, as I doubt you are going to find a jury to agree that shooting someone for robbing a potato from you in the store is reasonable.
This has gone far afield from my original point, which was the legal definition of personal property.